EFCC Appeals Atuche's Acquittal

It explained that counts one to 10 dealt with the alleged stealing of money belonging to the bank while count 11 to 27 dealt with the allegation of conversion of the monies to personal use.

It said the court ignored the provisions of Section 152 and 153 of the Administration of Criminal Justice Law 2011 by striking out all the counts against the defendants.

The EFCC contended that the trial judge erred in law by holding that it was bound on the principle of stare decisis by the decision in Okey Nwosu Vs Federal Republic of Nigeria and Akingbola Vs Federal Republic of Nigeria.

It said the decision of the Court of Appeal in Ehindero Vs Federal Republic of Nigeria and Sebastian Adigwe Vs Federal Republic of Nigeria affirmed the non-exclusivity of the criminal jurisdiction of the Federal High Court.

The EFCC contended that where there are two or more conflicting decisions of a higher court or the Court of Appeal, the law stipulated that the lower court is at liberty and free to choose which of the decisions to follow and cited the cases of Eze Vs Attorney General Rivers State, Ikweki Vs Ebele and Mohammed Vs MECO Limited to support his claim.

The commission said the lower court was wrong to hold that it was bound by the decisions of the upper court in the cases of Okey Nwosu and Akingbola and to declare that the cases were similar and applicable to the instant case.